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A Step-by-Step Guide to Filing Grievances
Follow the process in order. Procedural errors can lead to dismissal. This guide walks you through the correct steps, starting with seeking a remedy within the state party.
Do You Have a Case? Quick Checklist
Before you file, make sure you can answer YES to all of these questions:
- Is your complaint about a rule violation or unfair decision made by an official WV Democratic Party body (like a committee, club, or convention)?
- Are you a registered Democrat in West Virginia?
- Have you already tried to resolve the issue with the specific group where it happened?
- Are you within the 30-day filing deadline from the date of the decision or event?
1Start in West Virginia
You must exhaust all state-level remedies before escalating. Start with one of the actions below.
Appeal a Decision
Contest a formal decision made by a committee or an attendance-based removal.
Contest a Delegation
Challenge the outcome of a caucus or convention where delegates were selected.
Remove a Member
Initiate the removal of a committee member for cause, such as rule violations.
Remove an Officer
Initiate the removal of an officer from their position for cause.
2Escalate to the DNC
If state-level remedies fail or are unavailable, you may file with the DNC. Strict deadlines apply.
File a DNC Credentials Challenge
Challenge the selection of a DNC member from West Virginia.
File a DNC Rules Complaint
File a complaint if state rules violate DNC charter provisions for participation.
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Request a ReviewProcedure: Appealing a Decision
Use this process to formally challenge a ruling or decision made by a WV Democratic committee, club, or convention.
Key Facts
- Filing Deadline: 30 days from the date of the decision.
- Who Can File: The party that lost the decision.
- Source: WVSDEC Bylaws, Art. VIII, Sec. 2-3
Your Step-by-Step Guide
- Draft Your Appeal: Prepare a formal written notice. Clearly state the decision you are contesting, the date it was made, and the specific reasons for your appeal.
- File with the State Chair: You must submit your written notice to the WVSDEC State Chair within the 30-day deadline.
- Await Hearing Notice: The Board of Appeals will be called for a hearing within 30 days. You will receive at least 5 days' written notice of the hearing.
What to Expect Next
You must attend the hearing to present your case. If you fail to appear without good cause, a decision will likely be made against you. The Board's decision is final unless overturned by a 2/3 vote of the full State Executive Committee.
Procedure: Contesting a Delegation
Use this process to challenge the delegates selected at a party convention or caucus.
Key Facts
- Starting Point: The County Executive Committee hears the contest first.
- Appeal Deadline: 30 days from the County Committee's decision to appeal to the state.
- Source: WVSDEC Bylaws, Art. VII, Sec. 9
Your Step-by-Step Guide
- File with County Committee: Immediately file your challenge with the County Executive Committee. They must meet to hear the conflict within 10 days of the mass convention.
- Appeal to the State (If Necessary): If you disagree with the county's decision, you have 30 days to file a written appeal with the WVSDEC State Chair.
- Prepare Your Packet: Your appeal should include your petition, copies of the meeting minutes, public notices, sign-in sheets, and any other evidence. Clearly state the remedy you are seeking.
What to Expect Next
The state's Board of Appeals will hear your case. The state courts also have jurisdiction to review a County Executive Committee's decision.
Procedure: Removing a Member for Cause
This is the process for removing a member from the State Democratic Executive Committee.
Key Facts
- Who Can Initiate: Two or more members of the WVSDEC.
- Vote Needed: 3/5 of voting members.
- Source: WVSDEC Bylaws, Art. V, Sec. 10(b)
Your Step-by-Step Guide
- Submit Affidavits: Two or more WVSDEC members must submit signed affidavits detailing the facts that constitute "good cause" (e.g., bylaw violations, supporting an opponent).
- Ensure Notice is Sent: The member being challenged must receive written notice at least 15 days before the meeting where their removal will be considered.
- Attend the Hearing: The challenged member has the right to be heard. The members who submitted affidavits **must be present** for questioning.
What to Expect Next
If a 3/5 majority votes for removal, the position is declared immediately vacant and will be filled according to the bylaws.
Procedure: Removing an Officer from Office
Use this process to remove an officer from their position on the WVSDEC for cause. This does not remove their committee membership.
Key Facts
- Initiated By: Written Charges.
- Vote Needed: 3/5 of voting members.
- Source: WVSDEC Bylaws, Art. V, Sec. 10(c)
Your Step-by-Step Guide
- File Written Charges: **Submit formal written charges** that state the cause for removal.
- Ensure Notice is Sent: The officer must **receive written notice** at least 15 days before the meeting.
- Attend the Hearing: At the meeting, the officer **has the right to speak** in their own defense.
- Hold the Vote: A successful vote requires a 3/5 majority of the committee's voting members.
What to Expect Next
If the motion passes, the office is immediately vacant. The committee will then hold an election to fill the position.
Procedure: Filing a DNC Credentials Challenge
Use this process to formally challenge the selection of a DNC member from West Virginia.
Key Facts
- Filing Deadline: 30 days from the date the DNC member was selected.
- Who Can File: Any WV Democrat or any DNC member.
- Source: DNC Bylaws, Art. Two, Sec. 10(b)
Your Step-by-Step Guide
- Draft Your Challenge: Prepare a formal written document outlining the specific reasons for the challenge.
- Send by Registered Mail: You must **mail the challenge** via Registered Mail (with return receipt) to the DNC Secretary and the Co-Chairs of the DNC Credentials Committee within the 30-day deadline.
What to Expect Next
The DNC Credentials Committee will hear the challenge and provide each party an opportunity to be heard. They will then issue a written report to the full DNC, which makes the final decision.
Procedure: Filing a DNC Rules Complaint
Use this process if state party rules or their implementation violate the DNC Charter and block fair participation.
Key Facts
- Prerequisite: You must have already tried to solve the issue with the state party first.
- Standing: You must live in the affected area and show real impact from the rule violation.
- Source: WVSDEC Bylaws, Art. Two, Sec. 11(f)
Your Step-by-Step Guide
- Exhaust State Remedies: First, you must **use the state-level appeal process**. Your complaint must include proof you did this or a clear explanation for why it would be pointless.
- Prepare Your Packet: Assemble a cover letter, a short timeline of events, a list of the specific WVDP and DNC rules that were violated, and all supporting evidence.
- Request a Fix: Clearly state the practical remedy you are seeking (e.g., order a new meeting with proper notice, require the state party to update a faulty rule).
- File the Complaint: Submit your complete packet to the DNC Rules and Bylaws Committee.
What to Expect Next
The DNC committee will review your complaint. This is a high-level process for addressing systemic issues of party fairness and access.